Claims Against The Police

We are the experts in Claims Against The Police

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The simple answer is “Yes” but the more complex answer is that it depends upon particular circumstances and can be quite restrictive. The duty of care owed by the police officer, or the police force generally, is actually quite restrictive. There are certain rules, laws and principles that the police must follow and should they not adhere to these rules, there may well be consequences. This is a complex area of law that demands careful legal scrutiny

By way of example only, if a police officer assaults you in the course of his duty, unless where he can claim it was either a genuine accident or self defence, he is subject to the same rule of law as you. Indeed, as a police officer, he is likely to receive an even stiffer penalty. He has betrayed the trust of the public.

More complex is the situation where you have been arrested and then not charged, or arrested, charged and then acquitrted. It does not follow in these circumstances that you are entitled to compensation. The key question is whether the police had sufficient information at the time of your arrest to entitle them to come to a conclusion that you might have committed the criminal offence in question. If the answer is “No”, then you are entitled to bring a claim for “wrongful or unlawful arrest.”

If you are then prosecuted but you believe that there was no proper ground to do so but that the police officer had, for example, a personal grudge against you, and was malicious in his intent, you may be able to claim for “malicious prosecution”. This is a claim against the police rather than against the individual who made the complaint against you, which was with any truth to it.

There are other claims. For example you can claim “Misfeasance in public office” where a police officer has acted improperly. You can also make a complaint for local resolution or the IPCC. If you are unhappy with their findings, you are able then to apply for judicial review to the High Court. That can lead to the matter being reconsidered or even an award of damages.

You can claim damages i.e. compensation as a result of all or any of the above claims. The damages would be assessed by the Court. In a case against the police for malicious prosecution, for example, the case goes before a Judge and jury, though it is a civil claim. You are entitled to be compensated for an unlawful arrest, malicious prosecution or an assault by a police officer. The compensation is dependent upon the particular facts. It might depend upon the time you were held in custody or the extent of your injuries. You must beware of time limits for these claims as they will depend upon whether you are claiming for personal injury. Beware of this as if you go beyond the time limit, you are at risk of not being able to pursue your claim.